Commonwealth Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 22CH

Revocation of classification

  (1)   If:

  (a)   a decision made by the operation of an approved classification tool in relation to a publication, film or computer game (the relevant material ) is taken (because of the operation of section   22CF) to be a decision of the Board to classify the relevant material; and

  (b)   the Board is of the opinion that:

  (i)   had the relevant material been classified by the Board otherwise than because of the operation of that section, the Board would have given the material a different classification; or

  (ii)   the consumer advice for the relevant material is misleading, incorrect or grossly inadequate; or

  (iii)   the consumer advice for the relevant material uses a consumer advice term that is not included in the list determined by the Board under section   12A that was in force at the time the consumer advice was determined;

the Board may revoke the classification.

Note:   The regulations may prescribe circumstances in which consumer advice is taken to be misleading, incorrect or grossly inadequate: see subsection   93(2).

  (1A)   In determining whether to revoke under subsection   (1) a classification made by the operation of an approved classification tool, the Board must have regard to whether the tool is operating in accordance with any contract, arrangement or understanding entered into under section   22CC in relation to the tool.

  (2)   The Board may exercise the power under subsection   (1):

  (a)   on its own initiative; or

  (b)   on application.

  (3)   An application under paragraph   (2)(b) must:

  (a)   be in a form approved, in writing, by the Director; and

  (b)   be made:

  (i)   within 3 months after the day the decision made by the operation of the approved classification tool takes effect; or

  (ii)   if another period is specified in a determination under subsection   (8)--within that longer period; and

  (c)   if a class of persons is specified in a determination under subsection   (8)--be made by a person included in that class; and

  (d)   be accompanied by the prescribed fee (if any).

Note:   For when the decision made by the operation of the approved classification tool takes effect, see subsection   22CF(4).

Classification after revocation

  (4)   If the Board decides to revoke the classification of relevant material under subsection   (1), the Board must classify the relevant material.

  (5)   A decision of the Board to classify the relevant material, as referred to in subsection   (4), takes effect when it is included in either:

  (a)   the register, known as the National Classification Database, maintained by the Department; or

  (b)   any replacement register.

When revocation of classification takes effect

  (7)   The revocation of the classification of relevant material under subsection   (1) takes effect immediately before the decision to classify the material, as referred to in subsection   (4), takes effect.

Ministerial determination

  (8)   The Minister may, by legislative instrument, determine either or both of the following:

  (a)   a specified period for the purposes of subparagraph   (3)(b)(ii);

  (b)   a specified class of persons for the purposes of paragraph   (3)(c).